HomeMy WebLinkAbout1987-11-17; City Council; Resolution 9293f
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-SOLUTION NO. 9293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS
UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FUERTE PARK AND LA COSTA MEADOWS SCHOOL AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That certain agreement between the City of Carlsbad and
the San Marcos Unified School District for joint use of Fuerte
Park and La Costa Meadows School, a copy of which is attached
hereto marked Exhibit "3" and made a part hereof, is hereby ,
approved.
2. That the Mayor of the City of Carlsbad is hereby authorize
and directed to execute said agreement for and on behalf of the
City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 17th
day of November , 1987, by the following vote, to wit:
AYES : Council Members Lewis, Kulchin, Pe'ttine, Mamaux and Larson
NOES : None
ABSENT : None
ATTEST :
n . II -.
(SEAL)
Exhibit 1
AGREEMENT FOR MAINTENANCE AND USE OF LA COSTA MEADOWS SCHOOL SITE, BETWEEN THE
CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT.
THIS AGREEMENT is made and entered into this day of
, by and between the City of Carlsbad, a municipal
corporation, hereinafter referred to as the "City" and the San Marcos Unified
School District, San Diego County, State of California, hereinafter referred to
as the "District".
WITNESSETH
WHEREAS, in order to promote and provide for the health and general
welfare of the people of Carlsbad, and to cultivate the development of good
citizenship by an adequate program of community recreation, the parties hereto
desire to enter into an agreement for a community recreation program at the La
Costa Meadows School site within the City; and
WHEREAS, the City has heretofore created and established a Park and
Recreation Department and has developed and established a park and recreation
program for the City of Carlsbad; and
WHEREAS, the operation of community recreation programs on school district
site with school facilities, through the City Park and Recreation Department,
when said site or facilities are not in use by the District, will promote the
health and welfare of the community and will contribute to the attainment of
the general recreation objectives for children and adults within the community;
and
WHEREAS, cities and school districts are authorized by Chapter 10 of Part
7, Division 1, Title 1 of the Education Code of the State of California to
organize, promote and conduct a program of recreation and to operate a
community recreation center within and without their territorial 1 imits; and
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Exhibit 3
WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1,
Title 1 of the Education Code that the foregoing entities may cooperate with
each other to carry out these purposes, and to that end may enter into
agreements with each other and may do all things necessary or convenient to aid
and cooperate in carrying out such purposes; and
WHEREAS, the District owns the La Costa Meadows School Site and desires
that the City shall have the use of said site for community recreational
purposes ;
NOW, THEREFORE, THE CITY AND THE DISTRICT agree as follows:
1. The District shall provide at no cost to the City for outdoor
recreational activities the use of the athletic field areas at the La Costa
Meadows School site on an after school and holiday/weekend basis. Restroom
facilities shall be provided when adequate supervision by a school district
employee can be provided.
2. The City of Carlsbad, through its Parks and Recreation Department,
agrees to conduct and operate on said school site and on such facilities and
equipment a supervised or unsupervised recreation program. The City agrees to
supply all field scheduling of said program. The school and park sites are
described in Attachment "A", attached hereto and made a part hereof.
3. The City, and/or recognized recreation organizations, shall be
responsible for the planning and organization of the recreation program at the
school site. Each entity shall be responsible for the acts of its employees,
or any event, thing, accident or occurrence that should occur during the
operation of said program and which is within the scope of control of said City
organization and their employees.
The City shall provide at no cost to the District the non-exclusive
use of Fuerte Park during the hours of 8:OO A.M. to 3:OO P.M., during the
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school year. The District shall be responsible for the acts of its employees,
or any event, thing, accident or occurrence that should occur during the
operation of the school program at the park site.
5. For the purpose of coordinating the activities herein contemplated,
the City hereby appoints its Parks and Recreation Director, or his/her
designee, as the representative of the City. The Parks and Recreation Director
shall be the responsible manager of the recreational program, and shall
coordinate all aspects of this program with the District, its governing Board,a
nd the Parks and Recreation Commission of the City.
6. The School District hereby appoints the Superintendent, or his/her
designee, as the representative of the District and shall coordinate all
aspects of the program with the City.
7. City shall be allowed to use the athletic field areas for its
recreational programs on weekends, school hol idays and after normal school
hours. However, the District shall have priority in the use of the school
site, or any part thereof, or any facility or equipment thereon for District
purposes if it notifies the City in writing at least two weeks in advance of
the intended use of the site. During normal school hours, District shall have
exclusive use of the school site. The District may reserve the park site for
exclusive use if it notifies the City in writing at least two weeks in advance.
8. For all purposes of this agreement, all persons employed in the
performance of services and functions for said City shall be deemed City
employees and no City employee shall be considered as an employee of the
District or under the jurisdiction of the District, nor shall such City
employee have any District pension, civil service, or other status while an
employee of the City.
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9. For all purposes of this agreement, all persons employed in the
performance of services and functions for said District shall be deemed
District employees and no District employee shall be considered as an employee
of the City under the jurisdiction of the City nor shall such District
employees have any City pension, civil service, or other status while and
employee of the District.
10. It is furthered covenanted and agreed, except as otherwise provided,
neither party shall be responsible to the other party for the cost of their
program. The City covenants and agrees to bear all costs that it should incur
in respect to the operation of any recreation program, including the cost of
service of its employees and incidental costs in connection therewith.
District covenants and agrees to bear all costs that should incur in respect to
the operation of any school activity.
11. The recreation program conducted by the City shall be open to all
students residing in the District and to all residents of Carlsbad, but such
participation shall be subject to any rules and regulations adopted by the
Parks and Recreation Department of the City and School District.
12. The San Marcos Unified School District agrees to maintain the
fol 1 owing areas :
a. The landscaped areas around and adjacent to school buildings.
b. The school parking lot and street frontage along Fuerte Street.
c. The slope banks extending from the hardcourt areas to the field areas.
d. The slope bank along Corintia Street, from the chain link fence extending down the bank, to the north.
The City of Carlsbad agrees to maintain the following areas:
a. The land owned by the City of Carlsbad known as Fuerte Park.
b. The multi-use turf area that is part of La Costa Meadows.
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c. The slope bank extending down to the west from the multi-use turf area.
Irrigation repair will be the responsibility of the agency owning the
1 ines.
There will be no compensation from one agency to the other for costs
associated with maintenance or repair pursuant to this agreement.
13. The City shall provide and pay for all water and electrical utilities
necessary to maintain the park site. The District shall pay for all water and
electrical uti1 i ties necessary to maintain the school grounds. Separate meters
will be provided as indicated in the construction design in order to determine
the proportionate costs of water and electrical utilities for the park and
school site.
14. City and District, at their respective expense, shall comply with and
observe and secure compliance and observation with all the requirements of the
Carlsbad Municipal Code and all municipal, County, State and Federal
ordinances, codes, statutes, and regulations now in force or which may
hereafter be in fact applicable to the park or school grounds and equipment.
15. Insofar as it is legally authorized and pursuant to Government Code
Section 895-4, the District shall hold free and hold harmless the City, members
of the City Council, boards or commissions, its employees, officers and agents,
while acting as such, from all claims, loss, damages, costs, expenses or
liability which may arise by reason of liability imposed by law because of
injury to property or injury to or death of persons, received or suffered by
reason of any defective or dangerous condition of any ground, site, building,
equipment, play areas, recreation facilities or other improvement located on
the premises owned or maintained by District, or participation in any activity
carried out or sponsored by the District under Paragraph 7 hereof.
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Insofar as it is legally authorized, City shall hold free and harmless
District, members of the governing board, its employees, officers and agents,
while acting as such, from all claims, loss, damages, costs, expenses or
liability which may arise by reason of liability imposed by law because of
injury to property or injury to death of persons, received or suffered by
reason of operation of the community recreational program upon said premises,
by reasons of its development of the athletic fields on the property
and,further, the City shall be responsible for any and all damages to property
caused as a direct result of any recreational activity being conducted on said
premises by the City.
16. District agrees to take out and maintain at its expense public self-
insurance program to protect against District’s liabilities mentioned in
Paragraph 15, and for damages on account of bodily injury, including death
resulting therefrom, suffered or alleged to be suffered by any person or
persons whatsoever resulting directly or indirectly from any act or activities
of District or any person acting for District or under District’s control or
direction, and also to protect against loss from liability for damages to any
property of any person caused directly or indirectly by or from acts or
activities of any person acting for District or under District‘s control or
direction. Such insurance shall be maintained in full force and effect dur ng
the entire term of this agreement in amount of not less than one mill on
dollars ($1,000,000.00) for each occurrence.
City agrees to take out and maintain at its expense a self-insurance
program to protect against City’s liabilities mentioned in Paragraph 15 and for
damages on account of bodily injury, including death resulting therefrom,
suffered or alleged to be suffered by any person or persons whatsoever
resulting directly or indirectly from any act or activities of City or any
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person acting for City or under City’s control or direction, and also able to
protect against loss from liability to damages to any property or any person
caused directly or indirectly by or from acts or activities of any persons
acting for City or under City’s control or direction. Such insurance shall be
maintained in full force and effect during the entire term of this agreement in
an amount of not less than one million dollars for each occurrence.
17. Except as hereinafter provided, this agreement shall terminate after
a one year period and will be automatically renewed on a year to year basis
until such time as the City or District notifies the other party with 90 days’
prior written notice that a termination is desired as hereinafter provided.
IN WITNESS WHEREOF, the parties have executed this agreement on the day
and year written above.
ATTEST : CITY OF CARLSBAD, A MuniciDal
ATTEST: SAN MARCOS UNIFIED SCHOOL DISTRICT
CLERK, Board of Trustees PRESIDENT, Board of Trustees
APPROVED AS TO FORM: - APPROVED AS TO FORM:
SCHOOL DISTRICT COUNSEL
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